§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:
(1) on the person's own premises or premises under the person's control;
As the owner or person in control ofsaid property, I can extend any privilege of use to anyone I choose to the extent of my property with the assumption of liability for their actions.
Why? What authority can you cite to allow you to extend your privilege to carry?
The rights of the property owner have long been upheld this way. I can authorize anyone I wish to watch out for my interest on my property. I can also rent, lease or givecontrol of my property to another and through such actionthat person is considered to have control of that property and is covered under the premises underthe person'scontrol
portion of the law.
This fact is expressly upheld as to the application of 46.02 to businesses and employees in section 46.15 Nonapplicability
, which states:
(b) Section 46.02 does not apply to a person who:
(2) is on the person's own premises or premises under the person's control unless the person is an employee or agent of the owner of the premises and the person's primary responsibility is to act in the capacity of a security guard to protect persons or property, in which event the person must comply with Subdivision (5);
In other words, the only way an employee is NOT
considered exempt from 46.02 by this section is if that person is 1) an employee, and 2) their main job function is to provide security to protect persons or property. In the case of a gun counter employee,their main job function is to provide sales assistance (not security), thus, they are still considered exempt from the application of 46.02 under this section.
Likewise, if the person is not an employee, i.e. just a person I allow on my property and allow to carry while there, they too are exempt from 46.02 under this section. In short, the only person not exempt from the application of 46.02 by 46.15(B)(2) is a person paid to provide security services to the facility as their primary duty
. All other persons are exempt as being on premises under their control
by the authorization of the person in control of the property.